AVIJIT SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application was filed against the impugned punishment warrant issued by Commodore (01254-Z) Commanding Officer & Commander (02689-K) Executive Officer in Warrant No.02/2006 dated 28 th March, 2006 wherein the petitioner has been awarded with punishment for reduction from Acting Leading Patrolman Rank to Radio Operator First Class (Tactical).

(2.) It was contended by the writ petitioner that the respondent authorities have inflicted punishment upon the petitioner without conducting any proper enquiry, without issuing charge sheet or show-cause or even without giving any opportunity of hearing to the writ petitioner which, according to him, is contrary to the principles of natural justice and fair play in action. It was submitted that the punishment was awarded on the basis of a preliminary enquiry wherein the petitioner was not even granted any opportunity to appear or to submit his case and the entire action of the respondent authorities are one sided.

(3.) It was further submitted that, although there was no complainant, nor the affected person appeared before any authority at the time of enquiry nor filed any complaint, the respondent authorities have only on the basis of surmises conjuncture prepared alleged preliminary report and on that basis the punishment was given.